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Landlord trying to take my deposit NEED HELP

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jesse94954

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

Hello,
I have a situation that I need some help with. I gave my landlord a 30 day handwritten notice on August 1, 2013 stating that I would be moving as of Sept. 1,2013. I was out as of the 1st and by the 26th of the month had yet to hear anything from my landlord in regards to my deposit. So I decided to give them a call and see what was going on. I spoke briefly with the landlord and she said that she would look into it and get back to me by the next day. I didn't hear anything and then on Monday the 30th I received a estimate in the mail, the estimate was taking my entire deposit and charging me another$200 on top of it. I left a message with the landlord the same day I received the letter, and then called again the next day. I spoke with her and mentioned that on the estimate they were charging me for things that weren't my fault, ie. redoing the cabinets and under the sink because of rats that were in the whole complex. After speaking with her and mentioning the rodent problem, she all of a sudden remember the on-site managers report the issue and said that it was just an estimate and not to worry that she would look into it and get back to me by that Thursday. I didn't hear from them on Thursday so I gave them a call the next day, left a message. I tried calling again the next week two more times and still didn't hear anything. Over a 2 week period I called at lest 4 times and left 3 messages with no response back. On the 16th of October I ended up calling the owner of the management company and leaving a message stating that I need a call from them within 24 hours, in regards to our deposit, or I would take the proper steps and take them to small claims court. The next evening I received a call from the on-site property manager telling me that everything was taken care of and she would be sending out the final paper work with my money. I received the final paper work on October 19, 2013, the final paperwork was completely different then the estimate. Instead of charging me for the cabinets it changed on the paperwork to reflex the LVT(Luxury Vinyl Tiling or Faux hardwood flooring) that they ended up putting in to the unit (there was carpeting when we moved in). There final paperwork stated that they were doing the whole lower floor, including the kitchen. On the final paperwork it says that there were urine stains and smell and that it went threw the carpet and padding into the concrete but rather then just putting in new carpeting They installed the LVT hardwood flooring and replaced the base broad costing a grand total of $1,870.93 for the entire downstairs which is only 400 sq. ft. but only 300 of that was carpeting and the rest was perfectly good faux tiles in the kitchen.

I would like to sue them under California civil code 1950.5 for 21 days and 2 times times the amount for bad faith retention of the deposit and trying to upgrade the unit on my dime and I have pic of the place when they sent out the first estimate and they already had the downstairs kitchen and living room gutted whch I would think they know the condtion of the floor. But was not refereed to in the estimate and then acknowledged in the Final.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CALIFORNIA

Hello,
I have a situation that I need some help with. I gave my landlord a 30 day handwritten notice on August 1, 2013 stating that I would be moving as of Sept. 1,2013. I was out as of the 1st and by the 26th of the month had yet to hear anything from my landlord in regards to my deposit. So I decided to give them a call and see what was going on. I spoke briefly with the landlord and she said that she would look into it and get back to me by the next day. I didn't hear anything and then on Monday the 30th I received a estimate in the mail, the estimate was taking my entire deposit and charging me another$200 on top of it. I left a message with the landlord the same day I received the letter, and then called again the next day. I spoke with her and mentioned that on the estimate they were charging me for things that weren't my fault, ie. redoing the cabinets and under the sink because of rats that were in the whole complex. After speaking with her and mentioning the rodent problem, she all of a sudden remember the on-site managers report the issue and said that it was just an estimate and not to worry that she would look into it and get back to me by that Thursday. I didn't hear from them on Thursday so I gave them a call the next day, left a message. I tried calling again the next week two more times and still didn't hear anything. Over a 2 week period I called at lest 4 times and left 3 messages with no response back. On the 16th of October I ended up calling the owner of the management company and leaving a message stating that I need a call from them within 24 hours, in regards to our deposit, or I would take the proper steps and take them to small claims court. The next evening I received a call from the on-site property manager telling me that everything was taken care of and she would be sending out the final paper work with my money. I received the final paper work on October 19, 2013, the final paperwork was completely different then the estimate. Instead of charging me for the cabinets it changed on the paperwork to reflex the LVT(Luxury Vinyl Tiling or Faux hardwood flooring) that they ended up putting in to the unit (there was carpeting when we moved in). There final paperwork stated that they were doing the whole lower floor, including the kitchen. On the final paperwork it says that there were urine stains and smell and that it went threw the carpet and padding into the concrete but rather then just putting in new carpeting They installed the LVT hardwood flooring and replaced the base broad costing a grand total of $1,870.93 for the entire downstairs which is only 400 sq. ft. but only 300 of that was carpeting and the rest was perfectly good faux tiles in the kitchen.

I would like to sue them under California civil code 1950.5 for 21 days and 2 times times the amount for bad faith retention of the deposit and trying to upgrade the unit on my dime and I have pic of the place when they sent out the first estimate and they already had the downstairs kitchen and living room gutted whch I would think they know the condtion of the floor. But was not refereed to in the estimate and then acknowledged in the Final.
You have my permission.
 

jesse94954

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

Hello,
I have a situation that I need some help with. I gave my landlord a 30 day handwritten notice on August 1, 2013 stating that I would be moving as of Sept. 1,2013. I was out as of the 1st and by the 26th of the month had yet to hear anything from my landlord in regards to my deposit. So I decided to give them a call and see what was going on. I spoke briefly with the landlord and she said that she would look into it and get back to me by the next day. I didn't hear anything and then on Monday the 30th I received a estimate in the mail, the estimate was taking my entire deposit and charging me another$200 on top of it. I left a message with the landlord the same day I received the letter, and then called again the next day. I spoke with her and mentioned that on the estimate they were charging me for things that weren't my fault, ie. redoing the cabinets and under the sink because of rats that were in the whole complex. After speaking with her and mentioning the rodent problem, she all of a sudden remember the on-site managers report the issue and said that it was just an estimate and not to worry that she would look into it and get back to me by that Thursday. I didn't hear from them on Thursday so I gave them a call the next day, left a message. I tried calling again the next week two more times and still didn't hear anything. Over a 2 week period I called at lest 4 times and left 3 messages with no response back. On the 16th of October I ended up calling the owner of the management company and leaving a message stating that I need a call from them within 24 hours, in regards to our deposit, or I would take the proper steps and take them to small claims court. The next evening I received a call from the on-site property manager telling me that everything was taken care of and she would be sending out the final paper work with my money. I received the final paper work on October 19, 2013, the final paperwork was completely different then the estimate. Instead of charging me for the cabinets it changed on the paperwork to reflex the LVT(Luxury Vinyl Tiling or Faux hardwood flooring) that they ended up putting in to the unit (there was carpeting when we moved in). There final paperwork stated that they were doing the whole lower floor, including the kitchen. On the final paperwork it says that there were urine stains and smell and that it went threw the carpet and padding into the concrete but rather then just putting in new carpeting They installed the LVT hardwood flooring and replaced the base broad costing a grand total of $1,870.93 for the entire downstairs which is only 400 sq. ft. but only 300 of that was carpeting and the rest was perfectly good faux tiles in the kitchen.

I would like to sue them under California civil code 1950.5 for 21 days and 2 times times the amount for bad faith retention of the deposit and trying to upgrade the unit on my dime and I have pic of the place when they sent out the first estimate and they already had the downstairs kitchen and living room gutted whch I would think they know the condtion of the floor. But was not refereed to in the estimate and then acknowledged in the Final.

At this point do i have a case or ???????????????????????????????????
 

FarmerJ

Senior Member
Jesse first thing ,they were more than late to get to you final disposition then even if you really did damage the floor coverings they cannot fairly charge you to replace them with something totally different then very last but not least the floor coverings that were in that unit had a depreciated value so even if they replaced the floor coverings with the same exact types of covering they couldnt even then charge for brand new since you also used some of those floor coverings useful life . Example if the carpet was a typical rental grade of carpet and three years old when you moved in and you did damage the carpet to a point that it should be replaced then it would have had one year useful life left over since it was 3 yrs old and occupied by you one year then one year would have been left so the carpet that was there would have had just a depreciated value. SO stop wasting your time with them, go file and ask for full refund based on them failing to address this earlier.
 

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